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Companies Act

233. Persons who are subject to foreign restrictions

Edition: 2024-12-27 · In force

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233. Persons who are subject to foreign restrictions

(1)For the purposes of this Division, a person is subject to foreign restrictions if, under the law of a country or territory outside Kenya, the person—
(a)is, because of misconduct, incompetence or mental or physical incapacity—
(i)disqualified to any extent from acting in connection with the affairs of a company; or
(ii)required to obtain permission from a court or regulatory authority, or satisfy any other condition or requirement, before acting in connection with the affairs of a company; or
(b)has, because of misconduct, incompetence or mental or physical incapacity, given undertakings to a court or other authority of a country or territory outside Kenya—
(i)not to act in connection with the affairs of a company; or
(ii)restricting the extent to which, or the way in which, the person may act in connection with the affairs of a company.
(2)For the purposes of subsection (1), acting in connection with the affairs of a company includes—
(a)being a director of the company; or
(b)being concerned or taking part in the promotion, formation or management of the company.
(3)In this section—
(a)"company" means a company incorporated or formed under the law of the country or territory outside Kenya; and
(b)in relation to such a company, "director" means the holder of an office corresponding to that of director of a Kenyan company.
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Source: Kenya Law